something that has never been done but some think should be given the extreme conditions. >> it is very serious. it could stop commerce especially if we don't get relief out of the missouri river. >> reporter: george foster has been working on the river since 1954. he thinks water from the missouri is essential. >> we are asking for a little of it. >> reporter: just 1.2% of the reserve water from the missouri would ensuret that commerce on the mississippi could keep flowing through the winter. >> missouri river is not an option because if you look at why that system is there, it is there because they need that water. that is people's water supply. it is meant to hold water in case of a severe drought lasting as long as perhaps the dust bowl lasted, about 12 years. we can't play with water that may be somebody's drinking water. >> reporter: the other solution would be significant precipitation but it is unlikely that mother nature alone will

fix this problem. cnn continues right now with ashleigh banfield. thank you. hello everyone. i'm ashleigh banfield live in new york city. i want to start this hour with a disturbing case, a rape case that happened in ohio. one of those relatively small towns where just about everybody knows everybody else and friday night football is king. the alleged victim in this case is a 16-year-old girl. she was reportedly drunk and reportedly possibly unconscious when she was allegedly raped by two high school football players. the alleged rape came to light through some shocking tweets, a cell phone photograph that reportedly shows the limp victim being carried by her arms and legs and online video that shows

young people callusly laughing about it all. >> what if that was your daughter? >> but it isn't. if that was my daughter i wouldn't care. i would let her be dead. >> listen to yourself. >> i'm listening to myself fine. >> the two 16-year-old football players are set to go on trial next month. the lawyer for one of them says that the images in this case have been taken out of context. and in the town the size of steubenville there are concerns of at least the impression of conflicts of interest. ohio's attorney general is leading the prosecution in this case. >> i hope people believe that we bring an impartiality to it. our goal as prosecutors is not just to get convictions. our goal, frankly and the ethical job of a prosecutor is

to seek justice and find out what happened and to seek the truth and that is what we are trying to do. >> dr. drew is going to be here in a moment to sort through some of the more disturbing aspects of the story. first poppy harlow has more on the case and the impact on the community. >> reporter: teenagers in steubenville, ohio gathered to celebrate the end of the summer. the first day of school was just two weeks away. by many accounts there was heavy drinking going on throughout most of the night. there may have been more than that. tweets, photos and videos possibly document a crime from that night, an alleged sexual assault of a seemingly intoxicated under aged teenage girl, an assault that other party goers allegedly watched and later shared details online.

this tweet from a party goer reads song of the night is definitely rape me by nir vana. one tweet refers to the fact that the girl may have been urinated on. three days after the party the girl's mother filed a report alleging sexual assault. she came with a computer drive. many of the postings were soon taken down. the police chief told cnn he asked for any witnesses to come forward with details of what they saw that night but initially only two did. >> that is how the first two arrests were made within the first two weeks. we have witness statements that as far as anybody else being involved nobody else has come forward. >> reporter: on august 22nd, two

16-year-old members of the football team were arrested. they were later charged with rape and maze was also charged with photographs of a nude minor. by december the incident had created a fixture in the community. some came to the boys' defense saying they were accused and many were relieved saying they are tired of the anything goes attitude towards the football players. >> reporter: maze said he will challenge whether any sexual activity was consensual. goddard found most of the online postings and reposted them to her website before they were taken down. >> i found, went through the twitter accounts and i found very disturbing messages basically laying out a timeline of what happened that evening

and found the cach of the youtube video and found all of the social media which told the story of what happened that night. >> reporter: maze lawyer told cnn his client has been tried unfairly online and he will be exonerated. >> we are anonymous. >> reporter: on december 23rd anonymous got involved threatening to release information unless a public apology was made to the alleged victim by january 1. >> we will not watch a group of young men turn to rape. you have the world looking directly at you. >> reporter: anonymous posted this picture online showing a girl whose face is blurred who is unconscious being carried by her hands and feet by two males. it is not possible to verify the

photo is of the alleged victim. he said the image is taken out of context. >> that young lady is not unconscious. that young lady was capable of walking and her friends are individuals who indicated that information to the police. >> reporter: this 12-minute video also surfaced online where teens appear to talk about the alleged assault and joke saying she must have died because she didn't move during the alleged rape. >> what if that was your daughter? >> . >> the trial for the two boys accused of rape is scheduled for mid february. >> dr. drew is on every week night on hln. dr. drew, i think most people who see this story see the

headlines, first question is how could this happen? >> well, that to me frankly is the scariest question anybody can ask themselves. this is a cautionary tale for everyone of us. we are entering into a new world here in this country where people walk in with machine guns and kill little kids and boys treat girls like this. it is disgusting. if we say to ourselves that couldn't be my kid, watch out. that could be your kid. and unless we are actively parenting against this the world that these young men live in where images and objectiveications of women are pouring down on them since they are preteen, should it be any wonder to us that they treat young women like this. so much of this is about how young males are treating young females and it is disgusting. we have to parent against it.

>> none of us as parents thinks we have to sit our boys down and say you know rape is wrong. what kind of conversation do i have to have with my kid? >> here is what you have to have. if you are with the young lady under the age of 18 you can't have sex with her even if you are 16 if she is intoxicated in any way. that is a rape. i find it stunning that the attorney in this case says she can walk. she doesn't have to be carried. in the state of california if you are in any way intoxicated you are not in a condition to render consent. if you are under the age of whatever it is in the state you are not of age. we must educate our young males about this and think about that 12-minute video where the young males are laughing about a young woman being dead and raped and thinking that is not funny. this is not a woman. this is a rag doll that they play with. >> help me get into the minds of

a group of young boys. does something happen to them when they are in a groupt that otherwise they would be mortified by? >> of course. there is a by stander phenomenon that has been well documented for adults, too. adults are guilty about this not just young people but this is a young person story. of course group process and group pressures particularly for young males can affect how they behave. what is interesting to me in that video there are males within that video saying hang on a second here and they are sort of laughed down and teased down by the other males. this is very similar to the phenomenon we saw in the subway victim pushed in front of a subway and nobody did anything. we are less likely to act in morally appropriate ways in a group than when we are by ourselves. this might be some of the kids

come to group pressure. comission and omission are not stopping something are very close relatives. and if you don't parent about that kids aren't going to get that. be careful. there is pornography on these young males and social media where they feel entitled to act out on real people and not understanding or developing empathy of the consequences of what it is they are doing. >> so you know as well as i do and people following the story that the tweets have been horrendous. this girl has been attacked by young people and older people alike. i think one of the tweets called her a train whore. and others went so far to say is what else are you going to tell your parents when you come home like that and now our football

program may be blown up because of this. these are grown ups doing the same thing as the children in this case instead of letting the law play out before we comment. >> i hope that is not a global symptom of that poor little town. i hope that is isolated parents that are representative parents throughout the country. i think there is a bigger lesson to be learned here than really tightening the screws on that town. i think all of us need to pay attention to this. and, again, how these young women is being treated. this is an alcohol story. if your teens are drinking they are at risk for every adverse outcome whether a rape or unwanted pregnancy or accident. the mortifying piece of the story is there are rumors that adults may have been aware or providing substances in this case. and they would be held

accountable certainly in this state if that were the case. what we have to do as parents is hold our peers accountable. >> i ask the ohio attorney general about that and he said the investigation is going further but would not commit to that angle and that is people part of the bigger part of this individual crime. there could be other crimes, as well. thank you for your insight. you can watch dr. drew on week nights at 9:00 p.m. eastern on hln. employers didn't seem to be in a big rush to add workers. kind of went over a wee bit. the employers created 155,000 jobs in december leaving the unemployment rate at 7.8%. private companies hired 168,000 new workers while governments eliminated 13,000 positions.

an editor at large for cbs money watch. >> we are a little better. for the whole year we averaged 153,000 jobs a month. it is a wild coincidence the same number as 2011. it is a good year. >> that is weird. >> it is the same number a good but not great year for job creation. >> let me take you back three more years and maybe you can give me the trend is your friend. create for me what we need to take out of this chart. >> we can see that basically we know the recession started in december of 2007. so we had two brutal years of job losses. 2008 and 2009. 8 million jobs vaporized in this country. we crawled back out starting in the beginning of 2010. we see the bottoming of february of o2010 and then job spikes. there is government hiring and

then side ways job growth. here is the trenldt that you can take away at least in the last two years. growth in this country has been okay. 2% growth is about eh. 2% growth we are only going to get about 250,000 jobs or so. we will not get enough of the 12 million people back to work. it is hard to see how employment ratchets up from here. >> i will not suggest one thing to blame but a lot of people blamed uncertainty and what congress was doing was creating so much uncertainty. that doesn't look to be going away anytime soon. here is my question. when the speaker of the house and the president say i'm done negotiating and it looks like republicans want to hold the debt ceiling as leverage to get the spending cuts that they so desperately want and many say this country needs, what is that

going to do for uncertainty and jobs in 2013? >> jumping off the fiscal cliff is nothing compared to blowing through the debt ceiling. here is why. the fiscal cliff was something created out of congress. it was sort of a manufactured crisis. now, the debt ceiling is for real. we come up against a borrowing limit and the government has to stop paying bills and it is a blunt instrument. i don't think either side wants to blow through the debt ceiling. i think we have to take a little bit of this blusterer with a grain of salt. what we want to take away from this whole period of time. when the government cuts spending it has a negative impact on growth. in the short run it hurts growth. if you look over in europe and austerity measures and governments pull back not so good for economic growth. when we say we want to fix the debt and deficit we have to be

careful how soon and how quickly it occurs. >> kind of like after the holidays when you are feeling a little heavy you have to keep eating but you have to be a little more careful. so jill gave us that news. i have other news for you, too. republicans attacking their own after speaker boehner refuses to hold a vote for aid for victims of superstorm sandy. today the vote. my next guest says this fight is a sign of, quote, civil war in the gop. take tylenol or take, the #1 recommended pain reliever by orthopedic doctors. just two aleve can keep pain away all day. back to the news.

with odor free aspercreme. powerful medicine relieves pain fast, with no odor. so all you notice is relief. aspercreme. hurricane sandy victims may be in the eye of another storm but this one is all hot air.

it is a political storm. today the house passed the first part of a sandy disaster relief package, $9.7 billion but it was supposed to be $60 billion. so some republicans howled after speakerer john boehner scrapped a vote on that. new jersey governor said this is why americans hate congress. the house is going to consider the rest of everything, the rest of the $51 billion later on this month. in the meantime eral lewis joins us from new york. i want to quote for our audience something you wrote in that piece. i would love it if you could lay out for me what that war really

looks like when it comes to people and exactly what they are saying to each other. >> there are those who come to congress and it really reflects what you were talking about, some come to congress and say this is my position. i will stand on it and die on it. you can vote me out of office. i will not change. congress is poorly suited to people like that but there are a lot of them in congress. >> if you start with pledges and things even the president was saying i am done negotiating, isn't it their job as politicians? >> exactly right. let's say you are going to handle in china town and haggle over prices you go in there and maybe your first statement is $5 and not a dollar more. everyone understands that is the start of a negotiation. there are some in congress who do not think one penny should be added to the deficit for any

reason. it doesn't matter how many pictures you show them of devastated areas and poor people at the edge of misery or starvation they are saying this has to get dealt with now. we don't care if the bill is due in five years. it has to be dealt with today and we will stop anything we have to. that faction has been causing john boehner -- >> there is this little old republican in the northeast called new jersey called chris christie. doesn't he have leverage over what people in his party are saying and doing? >> one would think so. this last incident and all of those really shrill in some ways comments that came shows the limits of their power. people don't make threats like that if they can make good on them. they make threats because they are frustrated and they can't. when somebody is elected to

congress that person is only answerable to the constituents. >> what else does that person have as leverage if it is not something like the debt ceiling which is the ultimatum like do this or we are all going to die. >> some of them may learn to discover as john boehner already has a certain amount of finesse, personal relationships, a little trading, some of this for that. maybe we will get to it in ten years instead of two years. we will reason together. >> are you saying they are lacking finesse or worried cable news will call them out within minutes? >> their local politics may demand it. we shouldn't be too quick to condemn the members of congress. we are responding to people who did elect them. >> i see you on the tv all the time. coming up as the northeast continues to recover from

superstorm sandy there are 3,000 people who don't have power we have to consider what is next. and the scientists say this is just the sign of things to come. >> living near the ocean there is always the chance that the ocean is going to take away everything that you got. >> says he has never seen weather like this. he is standing by with a report on what you can expect coming up next.

believe it or not hurricane season doesn't end until the start of december. we feel like we are pretty much

in the clear when october rolls around. normally we don't get hit by hurricanes two days before halloween as in october 29th, 2012, the day that superstorm sandy caused several billion dollars worth of damage. cnn is going to present to you the coming storms, a wakeup call. it would be good if you had a peek at this. >> living near the ocean there's always that chance that the ocean is going to come take away everything that you got. but never did i imagine that this was going to happen to me and my family and my community. >> even now given all that has happened to him and his family it is hard for nick to understand it all. he has lived here for two

decades with his wife and four boys. back in 2011 he survived hurricane irene so he paid close attention to reports of another potential hurricane headed his way in late october. >> very fickle storm. it will be sucked in here into the northeast somewhere. >> we were all hoping that the storm was going to blow more towards the south and not come north. >> reporter: a few miles away at columbia university adam was keeping an eye on sandy, as well. >> at the beginning it was look at that. a week ahead of time we don't take it that seriously. >> it is still four days away. this could have a significantly bigger impact on new york city, connecticut, long island and new jersey than irene did last year. >> reporter: as sandy moved north it merged with a winter storm creating a superstorm,

double the size of a normal hurricane. >> the one part storm that was already on land was combining with the hurricane that was offshore. as they combined it was almost 1 plus 1 equals 2 and a half. >> many evacuated. nick did not. >> at about 6:00 the tide should be way out. i walked down the block and i started seeing water coming on to cedar grove. and i started yelling and banging on doors for everybody to get out of their houses because this is going to be a storm of disastrous magnitude. >> i was as a scientist fascinated but as a citizen of this city as time went on i started to feel more and more actual fear. >> fear just one part of it all. chad myers was in that story.

chad, you're live in the weather center. a lot of people say global warming when they see these storms and the increasing coastal flooding and the tornadoes and hurricanes. should they be saying global warming? >> for sandy? >> for any of it. >> i'm not sure we can put a finger on one event. what we can say with this storm was that the water off the east coast was 2 degrees warmer than it should have been at that date that close to halloween the water should have been significantly cooler. it wouldn't have stopped sandy but i think that warm water probably increased sandy by 10%. so yes of course global warming has something to do with it. we have more carbon dioxide in the wear. i don't care where you think that came from out there in tv land or that that argument is

irrelevant. it is there. it is there and the heat is there. the ocean is warmer so storms will probably be stronger in the future. like you said when you started this hurricane season doesn't end until the end of november and start of december. we saw two storms that started to be tropical storms before hurricane season. maybe our hurricane season will get longer if our water warms up quicker. >> there are so many questions and they began on first reports well before halloween saying make alternative plans because i have never seen anything coming like this. this is great viewing and i highly recommend that our viewers take a look at it. it is called "the coming storms" sunday night at 8:00 eastern. i will bet that you know somebody right now who is sick or at least a dozen people. doctors offices are overwhelmed and the flu season is hitting

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if you haven't gone out to get your flu shot yet you might want to hurry up because flu season arriving early. there is a spike in flu cases across the nation. wide spread cases slamming the east. elizabeth cowen who i guarantee got her flu shot.

every year i say this that i feel like this year is worst than the others. this year i really feel like it is worse. >> it was so early. they started to see a large number of cases in like mid november which is really early. so if you look back over the past ten years there have only been two or three other seasons that started this early and it is still growing. so the cdc this morning came up with new flu numbers. last week 29 states were showing high levels of flu. the week before was 16. >> i think a lot of people wonder if they are getting that one flu shot does it help them against all of the strains that are out there or might you still get the lesser known wunz? >> you could get one that they didn't predict. they have to start making the flu shot in the spring. they look at australia and look around. so they put certain strains in. they can't do it 100% correctly. it is impossible.

this year the shot is working well but it is not fool proof. certainly you can get the flu even if you got the shot but you diminished your likelihood. >> what about this idea that you should run out and get it now? is it too late or can you get the shot all through flu season. >> it hasn't peaked yet. we haven't necessarily seen the worst of the flu this season. they are predicting a moderate to severe season. we are going to see more so go get that flu shot. even you. >> i knew you were going to say that. great advice and thank you very much. so i'm glad to bring you this one. a major step for a girl whose story shockled the world. pakistani school girl who was shot in the head by taliban militants because she demanded equal education for girls in

pakistan, here is better news. nearly three months later she is walking out of a hospital and looking healthy and happy. matthew chance has more in this report. >> reporter: holding the hand of a nurse, malala made her own way out of the hospital where she has been treated for her truittmatic injuries and managed to wave at staff as she was discharged. a hospital statement said she is a strong young woman and has worked hard with the people caring for her to make excellent progress in her recovery. doctors say she may benefit from being with her family but may need to be readmitted for reconstructive surgery on her skull. from the age of 11 malala has been an outspoken campaigner for female education in pakistan criticizing the taliban who ban

schooling for girls. she was shot in the head and neck in october after her school bus was stopped by taliban gun men who demanded the other children identify her. the attack outraged pakistan provoking cause for a crack down on ilitants and made malala an international symbol of courage. hundreds of thousands have signed a petition for her to be awarded the nobel peace size. her futher has been given a job at pakistan's consulate allowing the family to stay in britain for the years of medical treatment that lie ahead. >> and i'm going to take you ahead to syria where we may have been reluctant to get involved inside that country but our troops, american people are now very close by. they are stationed at a border town. i will explain why and what they

role is in a moment.

with the death toll in syria reported at 60,000 people the united states is making a move to try to keep the blood shed from spilling over into turkey to the north. the turkish state media reports 27 u.s. troops are now in a border town and they are there

to man patriot missile sites. those missiles were sent to turkey to defend against the scud missiles being launched below them. the youtube video reportedly shows the after math of a scud that happened to miss its target. nick paton walsh has more on this story from istanbul. >> reporter: turkish media reporting nearly 30 u.s. military personnel flew in staying at a hotel there reportedly about to begin site surveillance as to where the patriot missiles could go. the u.s. embassy saying from friday military personnel and equipment are being flown in gradually to the military base in the south of the country. they will be joined by dutch and german troops, each nation contributing two patriot missile batteries and hundreds of support staff to answer turkey's request for the extra level of protection.

this all started because the syrian regime fired shells at turkey and turkey firing back and going to nato for extra help. the key thing is we have nato, the largest military machine in history on the door step of this very volatile 20-month long civil war, concerns that this could escalate in some way were the regime to reach and strain in the border but all sides of nato absolutely stressing. this is purely about defending turkey. u.s. troops are now right on the border of this civil war. >> nick paton walsh for us in istanbul. career counselors saying getting ahead in your current job could be as easy as raising your hand. we can tell you what else you need to know to get a raise or move up the career ladder. advice coming next. i can't imagine anything better. you're getting a ton of shrimp, and it tastes really good!

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a lot of people are out of work and under employed. career counselors are urging clients to do all they can to keep the present job. ifo iform -- >> reporter: nearly 5 million americans out of work for a half a year or more. so career counselors are starting 2013 with a clear message, keep hanging on. >> it is incredibly competitive right now whether working or not working. i think that individuals who have that advantage of having employment right now should make sure they are taking full advantage of that. >> reporter: that they say means three things. first, ask for opportunity. build your professional network inside and outside of your office. workers who go unnoticed are often the first to go out the door. >> they don't raise their hand. they don't raise their hand for the difficult projects.

they don't ask for lateral moves. they don't ask for more responsibilities. they don't join teams. these are things that companies look for for people for the longer haul. >> she works for the apollo research institute which promotes further education. take advantage of every training opportunity. >> good times or tough times you should be looking at how the develop your skills whether for your current position or perhaps something down the road. >> and lastly, unlike the unhappy guys in the movie "office space" embrace all sorts of technology. >> by the year 2020 almost 70% of jobs will have a technology component. i think that is very important for people to understand for longevity and for employment for the future. >> reporter: staying employed

will be easier in some fields than others. jobs in health care and business services like sales are expected to be plentifully. as 2013 goes on the job market is predicted to pick up steam setting the stage for better days in the next new year. cnn, washington. coming up, a video that you have got to see. villagers hear a woman scream and they go into her home. and what happens next is nothing short of vigilante justice. a scene lasts for hours.

the reelection of barack obama, the 44th president to the united states believe it or not just became official within the past few minutes. here is how it happened. a joint session of congress held in the house chamber you can see vice president joe biden presiding over the session in his constitutional role of president of the senate. they counted the votes state by state in alphabetical order. >> the certificate of the electoral vote of the state of alabama seems to be regular in form and authentic and it appears mitt romney of massachusetts received nine votes for president and paul ryan of the state of wisconsin received nine votes for vice

president. >> so on and on it went. they opened sealed envelopes containing the votes of the 538 electors. they examined the contents and they counted those votes by hand and low and behold they cast votes precisely in accordance with the results of the election. 206 votes for mitt romney and 332 votes for barack obama. so next step you remember this scene four years ago. on this year's january 21st, the president's second inauguration will take place. his new term actually begins on january 20th but that is a sunday. so a little different this year. he will take the oath of office in private and then he will do it again for the public on monday the 21st.

and remember how he took the oath publicly first and then had to retake the oath privately because the chief justice actually said the words a little wrong. a little bit of trivia from the last time around. former congress woman gabrielle giffords expected to visit newtown, connecticut today. the plan is to privately meet with the families of the children who were killed in last month's shooting. the spokesperson says that telling cnn the visit is planned but not at this point completely confirmed. she barely survived after being shot in the head during a mass shooting in tucson, arizona almost two years ago. subaru of america is recalling more than 630,000 cars because of a fire risk. the car maker says there is a problem with the fuse in the lights that is located underneath the doors. if water gets in apparently that can spark a fire. the affected models are the

forester suv and the legacy sedan. those are the ones that are being recalled at least among the wunz being recalled. and you just know that it wouldn't be post holidays if we didn't start talking super bowl or the commercials. the commercials will cost more than they ever have before. here is the strange part. apparently they will be a bit less sexy. the advertisers are paying at least $4 million for just 30 seconds on tv. here is the good part, too. go daddy and mercedes benzare going to use supermodels in their ads but they say those former swim suit models will not be in swim suits but in formal dresses. the game is set to be played in new orleans on february 3rd. i want to take you to india

where as protests continue over the brutal rape and murder of a young woman. lawmakers are proposing tough new measures to address sexual violence against women in that country. however, in a village in the country's northeast people may be taking matters into their own hands. a member of the congress party, a ruling politician has been arrested for allegedly raping a woman. before the police could get to him an angry crowd did. they heard the woman's screams and they took action and you have to see what happened.

apparently this went on for hours. they held him captive at least until the police arrived anyway. what is the status of that politician right now? >> reporter: the politician we saw in the video has been arrested and faces charges of rape and trespassing. cases like that against politicians in india is not uncommon according to a study here of more than 200 candidates over the past five years have faced some sort of charge of sexual assault and also sex ruling leaders right now face charges of rape. >> so are sex crimes common among political ranks in india? >> reporter: they are indeed very common as i just mentioned.

a study found that more than 200 political candidates have faced some sort of sexual assault charge and six face the rape charge as well. so it is very common. the conviction rate is very low just to give you an idea. out of the 625 rape cases in 2011 only one resulted in the conviction. >> reporting for us live from new delhi. thanks very much. we will be right back after this break. [ woman ] we had two tiny reasons to get our adt security system.

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top of the hour. i'm ashleigh banfield live from new york today. an alleged rape that went viral is adding to the troubles of an american town that has seen its share of hardships. it is steubenville, ohio which has been struggling since the decline of the steel industry in the 80s. today an unwelcome spot light shining on the town. it is the kind of place where everybody knows everybody else and the boys on the high school football team are held up as heroes. the alleged victim in this case is a 16-year-old girl. she reportedly was drunk and possibly unconscious when allegedly she was raped by two football players. the alleged rape comes to light through shocking tweets and a

cell phone picture and this online video. >> so you heard that. now you can hear william mccaferty who is steubenville's police chief. >> the thing i found disturbing is depending on who was there, why didn't somebody stop it. i mean, you simply don't do that. >> two 16-year-old football players are now set to go to trial. next month the lawyer for one of them says the images in the case have been taken out of context and in a town like steubenville there are concerns about

potential conflicts of interest. it is a small town. ohio's attorney general is leading the prosecution on this case now. i asked him about that. >> i hope people believe that we bring an impartiality to it. our goal as prosecutors is not just to get convictions, our goal frankly, and the ethical job of a prosecutor is to seek justice and find out what happened and to seek the truth and that is what we are trying to do. >> paul calen is a cnn legal contributor. i know there is a lot around the crime. the crime itself so far it seems that there is evidence that is gone, deleted photos, deleted images. but there are witness whose have come forward. that's important. >> it's very important. and in the age of social media when you say there are deleted photos. nothing remains deleted for long

on the internet. there have been reports that a lot of the pictures that would document the crime were deleted the next day but there are hackers there using software to get the images back. and in the end i think you are going to see a lot more detail about what happened on the evening that the claimed rape occurred. >> some people whether they are grown ups or kids think they are clever when they delete things off of their computers and don't realize the police are way ahead of them. there are cached files. hard drives are one of the favorite things for investigators. the investigative team has a lot to go through. the photos are going to be critical in this. >> people don't realizet that there are many companies that specialize in creating historical archive of everything that goes on the internet. once you tweet something or send

a picture -- >> delete all you want. >> there is always the possibility it is saved somewhere. we are seeing what happened come to light. the young men charged are still presumed innocent. we don't have all of the details. what is being exposed in terms of photographs and videos is shocking stuff. >> the attorney for one of the accused young men was on "starting point" saying the context, that these things have been taken out of context. he has not been through the entire discovery process yet. with the trial next month will he have seen everything that the prosecutors have against his client? >> he will have seen a lot of it. when somebody says context you have to wonder what is meant by that because in the end if the young girl was unconscious, drunk and unconscious and people had sexual contact with her that is a crime. >> can a photo or a video tell you that? >> i suppose unless everything

were videoed it wouldn't necessarily tell you. if there is video of her with her eyes closed and not moving that is in -- >> and hearing the horrible comments. >> described her as being dead. >> she must be dead because she didn't flinch. >> the thing i wonder about having been a prosecutor. there are young men out there, football players or others think that because a girl is unconscious as the result of use of alcohol that they can do whatever they want with her. >> i read the tweets of some people who think it is just ridiculous that she would consider going to a party alone and that this was her fault. let me ask you something else. you brought up the deleted photos. sometimes kids can delete things on their own. sometimes it takes a grown up to tell that child get rid of that. is that something that can be an

actionable offense? is that meddling with a prosecution or an investigation? >> that is an interesting question. what people are very shocked about, i think is that if you have a group of boys from the football team watching it happen and filming it they can't be charged with the crime. there is no crime for not being a decent human being. >> we don't have a legal duty to respond. >> you don't but on the other hand if you have evidence and delete that evidence you can be charged with obstruction of justice. there are a variety of crimes created by the cover up happening after the case. so a lot of these young men who think are being told they may be in the clear here because they didn't touch the girl depending on their actions they could be brought into this case. >> i tried to get something on that from the ohio attorney general when i asked him if he was looking into anybody else in

terms of obstruction or making it difficult for the prosecutors or investigators he wouldn't go there but said it was certain certainlily on going. >> the whole country is watching it because of friday night lights and this emphasis on football in small town america. >> thank you for your perspective. i want to move to venezuela because officials are conceding that the situation surrounding their president hugo chavez is becoming quite serious. a lung infection is not so under control and it is now severe and used the term respiratory insufficiency. he is being treated in cuba where he went december 10 for cancer surgery. he is to be sworn in for a second term in office in just six days so that part is looky somewhat iffy.

jill dougherty is live with us at the state department. those are reports that sound pretty dire. has it taken a while to get this information even out to the people of venezuela? >> there are people in venezuela who say they are not being told the full truth. if you read what the government people are saying and also just general information it looks pretty bad. i mean, mr. chavez has been treated for cancer for at least two years and now the prognosis does not look good. and that is what is bringing his possible imminent demise but also the confusion because he is not in venezuela. he is in cuba as you noted. that makes it really complicated to get sworn in again. and so that is a problem. and then you add on to this kind of odd quirk of some people being very suspicious that the united states might be trying to engineer something here in terms

of a succession and the state department now for the past couple of days has been saying u.s. is not trying to engineer anything. there is no made in america solution that whatever happens should be democratic but the u.s. is not trying to change what might happen. >> i am interested that you brought that up. i want to play a bit as she addressed life after hugo chavez. >> we do not believet that there is a made in america solution for venezuela's transition. only venzellens can make that set of decisions. >> that is one thing to say. is it fair of them to suggest that u.s. would ever considerer meddling in their affairs? >> there was a coo, a very short-lived coo back in i think 2002 in which chavez was deposed

but came back within a couple of days. some people accused the united states of being involved or at least condoning what happened. the u.s. denied that and there is no proof that the u.s. actually did participate in that. but that raises the hackles of people. i think we sometimes forget that he is a legitimately elected leader. he does have more controls than a lot of other leaders and controls elections, processes, etc. he actually was legitimately elected. there are people who like him for standing up to the united states and paying attention to poor people in venezuela. so it's natural that people would think the u.s. is meddling but again you have the state department saying we are not. and also these people who think that the u.s. is behind all of this are saying the u.s. has been talking to people in

venezuela, government officials and others and the state department said we do talk with a lot of people but it doesn't mean we are trying to do something behind the scenes. >> if you import 9% of your oil from that nation that makes it a critical place, too. we have interest in what happens. jill dougherty i'm flat out of time. give us the slightest bit of information to advance whether he will be okay. >> absolutely. >> jill dougherty live at the state department. this is a case that has a lot of people talking. a sperm donor, just a donor being forced to pay child support for the child of a lesbian couple. up next you are about to hear from the donor and from a family law attorney who says this thing can change the donation game. i think your friends will understand. oh no, it's actually my geico app...see? ...i just uh paid my bill. did you really? from the plane?

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buckle up for this one. a sperm donorer named william marotta says he didn't ask for pay for his donation to a lesbian couple but a kansas court is saying he has to pay child support for the daughter that was born from that arrangement. are you following me? marotta says it started after he spotted an ad on craigslist. >> perusing craigslist just almost like window shopping just looking around and ran across an ad asking for a sperm donor. i answered the ad. i didn't know that there was no doctor involved. >> he just said it.

no doctor involved. no lawyers, either. but a signed contract between marotta and the two moms. and then the women broke up. and that forced one of them to file for medicaid and that is when things got dicy. the state came in and said we are going after marotta for child support. at the heart of the case because the donation didn't happen under a doctor supervision the law says marotta is the girl's legal father. >> under the facts of this case and we are very comfortable that we can provide evidence that the contract was entered into before any donation occurred. we are also very confident that we can demonstrate that the only donation was in a cup. that is an evidentiary issue. >> would you, knowing what you know now, would you do it again? >> probably not.

>> a family law attorney. she joins me live now. this is a big one. the sperm donorer is trying to have this ruling overturned and apparently has a hearing set for this coming april. what do you think is going to happen in this case? >> well, to back this up there was previously a case where a sperm donor in this state had gone after looking for rights as a parent and were told you get no opportunity to visit with your offspring because you have terminated your rights. so marotta's attorney said okay he had nothing to do with whether or not a doctor was involved. how is it fair to turn this against him and seek $6,000 in back child support that the state paid out in benefits and for the rest of this girl's life go after him. >> seriously, you would think if you had that little contract that the two parties signed that

would override perhaps that law because i get why that law is in place so that arrangements that are set up people can't go back on them and say we were lovers and i want my baby back. >> right. it is also distressing because they do not recognize same sex marriage so the other parent of this daughter has no rights or responsibilities under the law so she has been coparenting but the state can't seek child support from her. i think marotta should be allowed not to have to pay child support. he hasn't had interaction with this girl. he entered into a contract. he kept up his end of the bargain. if anything the same sex parents who entered into this agreement they breached it by not involving a doctor. >> at the end of it you have taxpayers who end up on the hook. the taxpayers don't want to have to pay for this child born out of this arrangement.

i still don't understand why lawmakers wouldn't look at that contract and just say understandably the spirit of this law was to protect against the scenario i outlined before. this is a different scenario covered by a contract. >> well, hopefully that is what the court is going to do. this is arguably because in this particular state there has been a law against same sex marriages. this is a way to prohibit somebody in a same sex benefit from deriving the benefit of a sperm donor. to flip the taxpayer argument there are multiple single parent families that receive benefits and many women that get artificially inseminated. are the eggs the property of the mom? it is really a slippery slope here and it seems that marotta is getting pulled in and made an

example of. >> i only have a couple of seconds left. but this child when she grows up, could she sue marotta herself? to get child support from her legal dad? >> it's going to depend on how this ruling plays out, the one coming up in april if there had not been a ruling in this particular case she would have standing based on the fact that the law is in play right now haven't been followed. >> i think a lot of people watching this would be careful if they want to be donors. nice to see you. >> thanks. you, too. >> so bardot graced the silver screen for decades. gorgeous. now this activist and actress is threatening to say bye to france. why would she turn her back on the place she has loved for so long? might be surprised. it is coming up next.

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first it was actor and now it is formerer sex symbol bardot famous french actress says she plans to ask for russian nationality. bardot is doing it for another reason. she says she is going to leave if two circus elephants in france are put to death there. the russian president -- michelle turner joins us with

the story behind these elephants. i think most people are astounded to hear bardot say this after an entire life as a french citizen. what is the deal with the elephants? >> let's start with bardot. she has a deadline on the citizenship. she has come out and appealed to the french president to intervene on behalf of these two elephants. she says if they are euphonized as planned she will request russian citizenship. she told a french newspaper that the former circus elephants could benefit from the right veterinarian care. at this point we are not sure what will happen to the elephants and we don't know if russia would welcome bardot. it is rare for somebody to be granted russian citizenship. she has been convicted five

times in france for inciting racial hatred. this move comes on the heels of one moving to avoid paying french taxes. the socialist government wants to raise taxes on the highest earners to 75%. while that tax increase isn't in effect yet. that was enough to send him packing. we mentioned how tough it could be to get russian citizenship. it does help to have a personal friendship with the president. the russian citizen was granted personally by russian president. >> i did not know that they were personal friends. how do you just meet putin? i know about depardieu's past

but he has also had his run ins with the law. that didn't seem to matter? >> well, that's where this whole maybe if you have a personal friendship then there are other ways to get around it. if she doesn't it could be a little harder for her. we don't know, too, if it is just the elephants that have her in a tizzy because that tax rate is something that a lot of people are bristling at. 75%. >> that is a pretty onerous. you never know. maybe russian president putin is a big fan of depardieu but maybe should look at photographs of bardot from the 70s. >> they might become personal friends. >> good to see you. congress approves nearly $10 billion to help in the

superstorm sandy recovery but nigh next guest says local leaders did nothing and should be held responsible for this in the first place. hear why coming up.

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that comes standard with our base auto policy. and if you get into an accident and use one of our certified repair shops, your repairs are guaranteed for life. call... to switch, and you could save hundreds. ♪ born to make mistakes liberty mutual insurance. responsibility. what's your policy? the reelection of barack obama, the 44th president of the united states of america, it is official. believe it or not just this afternoon. here is how it happened. a joint session of congress held in the house chamber. you can see vice president joe biden presiding over it. they counted the votes state by state alphabetical order. >> mr. president, the

certificate of the electoral vote of the state of alabama seems to be regular in form and authentic and it appears from that mitt romney of the commonwealth of massachusetts received nine votes for president and paul ryan of the state of wisconsin received nine votes for vice president. >> it went on and on like this opening up the sealed envelopes containing the votes of the 538 that were recorded on december 17th in state capitols across the country. those cast their votes precisely in accordance with the results of the november 6 election. 206 for mitt romney and 332 for barack obama. and there you have it. pictures of democracy in action even though it doesn't always seem that way. today we had more of it. congress passing the first part of a sandy disaster relief package. $9.7 billion of it.

that sounds short of what it was supposed to be, $60 billion. our next guest says for years and years new york has been ignoring warnings about a strong hurricane like sandy, warnings about flooded subway stations and neighborhoods without power. a state law requires that the state's disaster preparedness commission meet twice a year and regularly update the state's disaster plans. a 2006 report found, quote, it is not a question of whether a strong hurricane will hit new york city. it is just a question of when. and joining me now is the author of that 2006 report, former u.s. state assembly man how convenient you will be here at this moment. >> it is a nice day for new york but not nice enough. >> we still have $51 billion in aid. >> a lot of that money is to help provide that this doesn't happen again.

the sum of the forces in power have chosen to call that. we have been warned as a nation these kinds of storms are coming and if governments don't prepare to mitigate the damage it is going to cost us a fortune more. >> some criticism came to an issue about future flooding issues and how to prevent future as opposed to relief which means what we need this moment. you are saying you have been on this for a long time and asked and asked about future plans and how to prevent this disaster from happening and it gets ignored. >> we had billions of dollars of damage to our subway system. $50,000 in sand bags would have prevented that. >> in front of the tunnel. >> would have prevented that? >> to the tunnel. right next to it. >> i'm not going to ask you to

do the math. $50,000 worth of sand bags would have saved us how much? >> hundreds of millions. state governments need the help of the congress to make sure that we don't see that happening again. you may not like that but to call it pork is offensive. it is part of a nationwide wakeup call. anybody who lives near the ocean ought to be worried about a congress that views it as pork. >> congressional members who are so upset about the spending and have no -- they feel like they have no power to rein it in will try to use anything possible. >> i sat in budget disputes. they are real. people have positions and ideaologies and they are entitled. >> it is a fail position to have. >> it is not fair to call it pork. you want to say we can't afford but don't give it a name because you don't want the responsibility.

>> you had all of these reports even in 2006 it wasn't a question of if, it was just when. why would anybody look at this and say maybe not this year? was it budgetary? >> we are not so good at preparing. we are pretty good at responding. >> we are good at prognosticating. >> there is not a lot of political sexiness on spending on sand bags or gates or the kinds of things that prevent damage but more to be said when you cradle a hurt family and say we are going to help you. we ought to be past that. if anyone should be past that it is conservative republicans who keep telling us the responsible thing to do is be real and prepare. >> now the governor in new york is saying he has his state of the state coming up wednesday. he says he is going to really start addressing this. what would you urge andrew cuomo to do first and foremost?

>> the existing law would be a nice start. >> it seems he among all of the former new york governors is taking it seriously. >> good for him and he is a good governor. lovely, lovely. the fact of the matter is we have had a law in place for 44 years that says you need a specific prevention plan. he should implementt that. it is good politics and politics is a good thing in america. we have the laws. we need to have the commitment, the budgetary and executive commitment to carry them out. that is what he should do. >> i have a quote from the 2006 report. it says the existing plan fails to protect the life safety and property of the city's residents. what kind of stream lining needs to be done first and foremost to have the preparedness plan we need. >> we don't need to coordinate as to commit the resources and political energy to prevention.

>> didn't it say things like we need to coordinate what first responders are going to do and how to have them on register. >> there are plenty of things to do like that that are good and can be done. the big questions, what do you do to protect the tunnels so you don't have $500 million worth of damage. those things are where the focus ought to be. it wasn't. let's move forward. >> that seemed like a no brainer. i was down on the battery watching the water come in. >> it is nice to see you. thanks for coming in. i hope it happens. i hope it works. we'll see. december jobs number is out. unemployment remains steady. ali velshi says there is one thing holding back a full economic recovery. it is coming up next.

2013 could be the year america's economy comes back but broken government in washington stands in the way. i'm ali velshi. this is your money. jobs keep steady in december that despite fiscal cliff dysfunction. look for more cliffs and more overused metaphors from your elected officials. 155,000 net new jobs added in december according to new numbers released today by the labor department.

the unemployment rate stayed steady at 7.8% after the labor department revised the rate up a notch. positive and otherwise sluggish job gains we have been seeing for more than two years. of the really positive signs in the latest numbers is the gains that were made in construction and manufacturing jobs. sectors that need to recover if america is going to prosper again. labor secretary told me more can be done. >> the numbers continue to show good increase in different areas and sectors that have been really hard hit, construction, as you named. we added jobs there for the first time in a long time. >> economist thinks the job outlook is good for 2013 but says it will be slow going for the first half of 2013 because of washington's dysfunction. >> each one will look soft relative to h 2 and the softness

in the first half is a reflection of a lot of the issues we have to deal with out of d.c. generally speaking you are looking at a fairly reasonable outcome from a u.s. economic perspective in 2013. >> now, all of this generally supports my idea that america could be headed for another economic boom fuelled by energy production and a recovery in housing. that is if partisan grid lock in washington doesn't mess things up for us in the coming months. washington sort of averted a fiscal cliff. america has a bunch of cliffs to look forward to. democrats and republicans are set to duke it out over the debt ceiling, spending cuts and then the budget. just like the fiscal cliff, all of those other cliffs will give birth to more tired and overused political metaphors. i will kick this can to christine romans to explain. >> reporter: just like the yodeler on "the price is right"

we did fall off a cliff, a metaphor cliff. >> the fiscal cliff. >> or maybe not. cue julie andrews in the sound of music. >> it is more of a slope. >> it is kind of a slope. >> reporter: hill, cliff, slope, be honest it felt more like this. >> this place is starting to have the feel of the movie "ground hogs day." >> at least the movie made you laugh. this was more like "the hurt locker." >> congress set this time bomb and now they are scrambling to diffuse it. >> reporter: in the end the cliff, slope, bomb, groundhog day became a bill and a new metaphor. >> kick the can down the road. >> kicking that can. >> kicking the can. >> we are done with kicking this can down the road. we grabbed that can and that can is called spending cuts.

>> reporter: we're not blameless. >> that is congressional malpractice. >> detox from our fiscal cliff. >> reporter: but the masters reside in the hauls of congress. >> like a ball in a china closet. >> like sales people. >> we should look at those who have lit the candle. >> like an airplane. did we climb over it? no. >> reporter: can we please put the metaphors out to pasture? >> we soon face the valentine day cliff and perhaps the april fools day cliff. >> the president was saying i am not going to play chicken with the debt limit. >> reporter: i guess not. >> we'll cut through the metaphors and get into what is wrong with the budget process on "your money" this weekend. see you next week. i'm out.

this just in. i want you to take a look at some terrific pictures coming to us out of florida. this looks like a funnel cloud in the making. apparently these were very accidently captured. this was from a wplg helicopter crew on their way to cover a crime when they spotted this. it is remarkable because you can see within seconds that small funnel turns into a longer

funnel. this is sort of the making of the funnel clouds that end up on the ground. chad myers is standing by live in the severe weather center. can you just walk me through this phenomenon? >> this is south florida. it is a hot day there. the air is rising because it is so hot and the rise and spin almost like a dust devil in the desert. it is not a big event. if you watch this long enough and we did in the weather office plains are flying between the helicopter and the funnel because that really is the glide path to the miami airport. that is where we are out by the dolphin mall right where miami almost turns into the ever glades literally. and then the m in miami that small piece of blue was the cloud rain shaft. not a big deal but you will have these things all day long. if you get one of these over your house it would move around some of your lawn furniture.

just watch the skies. >> dumb question. >> ready. >> if that funnel cloud ends up over water and touches water does that become a waterspout and over land becomes a tornado? >> you have been paying attention. very good. >> you are a good teacher. i think those pictures are remarkable to watch. i can't tell from the chopper view whether it is over land or water. >> it was just to the west of dolphin expressway so had it touched down it would have been on the ever glades. >> a little bit of both. land and water. the world's smallest state has a big business problem. it is no longer taking credit cards. if you are a tourist you can't charge anything when you want to buy your keepsakes. it is a bit strange.

why have banks lost faith in the vatic vatican? is the vatican in trouble with the italian government? >> you got it right. the bank of italy has stopped deutsche bank from running the vatican's atms and credit card systems which mean the tourists who head to the museum or go to the book stores won't be able to use their credit cards or debit cards or take euros out of the atms because there are concerns about the banking practices at the vatican and so concerns that there might be lack in oversight. >> is it lax in oversight or something naughty? >> well, the concern here is that there might be something naughty that they are not complying withstandards for money laundering protections. there have been two reports, one from an independent group and

one from the group of italy saying the practices are not up to snuff. remember the vatican is the home to the catholic church which is an organization of over a billion people. when the pank is moving money they are often moving enormous sums of money. one thing was a 20 million euro transaction. for the vatican that is something that happens on a fairly regular basis that they are moving enormous sums of money between the churches. it got flagged. international protections were not in place to keep the money safe. the pope said we are going to fix this but they are still not there yet and the bank of italy said as of january 1 no more credit card transactions until you get it right. >> i'm not sure, some people say it is a glyp and we are going to fix this and it will be back to business as usual and other

people say this could end up something more serious. where do you weigh in? >> the vatican has said we will sort this out soon. that is the statement they told us today. they said it is an issue of a contract expiring with a service provider. i'm not sure that is the end of it and how quickly this is going to resolve itself. they will still be able to take euros and tourists will have plenty of options to buy the pope bobble heads outside of the vatican city in the shops and stores in and around rome. >> on your next trip there. >> for a tourist it is not that big of a deal. they will feel a little inconvenienced. this speaks to the issues that the vatican bank has been having and getting the house in order which the pope has set as a priority. >> on your mnext trip will you

get me a pope bobble head? >> i have a john paul ii bobble head. >> that is a collector's item my friend. another member of president obama's cabinet is expected to say bye and his job is big. the treasury secretary, timothy geithner all coming just before the next fiscal cliff round. [ ryon ] eating shrimp at red lobster is a fantastic experience. 30 shrimp for $11.99. i can't imagine anything better. you're getting a ton of shrimp, and it tastes really good! [ male announcer ] hurry in to red lobster's 30 shrimp for just $11.99! choose any two of five savory shrimp selections, like mango jalapeño shrimp and parmesan crunch shrimp. two delicious shrimp selections on one plate! all with salad and unlimited cheddar bay biscuits.

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if you can believe at the beginning of this week it was new year's. and then we had the fiscal cliff deal. you had to stay up late to see that vote take place and then the big blow up because after the fiscal cliff vote all of a sudden there was no package for hurricane sandy relief and chris christie went ballistic and peter king went ballistic. we are moments away from the "situation room." i want to talk about timothy geithner because that is another big thing looming. he is expected to leave in a few weeks and we have more fiscal cliffs ahead. give me an idea of what the white house is talking about in terms of a replacement. >> i think the white house chief of staff, a former budget director under this president and president clinton i think he certainly got a chance, a

serious chance on the very short list to be the next secretary of the treasury. there are other candidates out there. i think jack has a good chance because he is very close to the president. he is respected and he knows these issues. so he is very substantive and has a lot of experience. my suspicion is he will be the treasury secretary. in these areas it is not done until it is done. i'm sure there are other candidates that the president is considering. my own gut tells me the president will start making announcements as early as monday and tuesday. >> back to experience. i thought i saw research somewhere where jack lou has loads of experience but maybe not so much on wall street, not like geithner. i mean that guy came from wall street. >> he did work in the financial sector during the eight years of the bush administration. he was the budget director during the clinton administration and then eight

republican years in the white house and he worked in that whole area over those years. he has some good experience in those areas. he has good connections with folks on wall street. he is respected i think pretty much across the board. he doesn't have a high visibility but you don't need a high visibility to be an effective treasury secretary. bob reuben during the clinton administration, former chairman of goldman sachs he wasn't in the media doing a lot but he was effective. >> 3 1/2 minutes until the big show. i will let you break off and get ready for your program. we are back right after this break.